Key Votes
S 6733 - Expands DNA Database to Include Misdemeanors - Key Vote
New York Key Votes
Bill Perkins Did Not Vote on this legislation.
Read recent statements Bill Perkins made in this general time period.
Stages
- March 19, 2012 Executive Signed
- March 15, 2012 House Bill Passed
- March 14, 2012 Introduced
- March 14, 2012 Senate Bill Passed
Family
Issues
Stage Details
Legislation - Signed (Executive) - March 19, 2012
Title: Expands DNA Database to Include Misdemeanors
Legislation - Bill Passed (House) (135-4) - March 15, 2012
Legislation - Introduced (Senate) - March 14, 2012
Title: Expands DNA Database to Include Misdemeanors
Legislation - Bill Passed (Senate) (36-0) - March 14, 2012 (Key vote)
Title: Expands DNA Database to Include Misdemeanors
Vote to pass a bill that requires all persons convicted of a crime to provide DNA samples, effective October 1, 2012.
- Requires that all “designated offenders” provide a DNA sample to be included in the state DNA database (Sec. 5).
- Defines “designated offender” as a person convicted of any felony or misdemeanor (Sec. 5).
- Requires a judge to deny a “designated offender’s” request to view evidence after a guilty plea or conviction in the following circumstances (Sec. 1):
- The request to view evidence does not seek to demonstrate the defendant’s guilt or innocence;
- The request was made more than 5 years after the date of conviction or release from custody except in cases where:
- Extraordinary circumstances prohibited the defendant from filing the request in time; or
- The request is based on facts that were not determined until after the statute of limitations;
- The conviction was not a felony offense; or
- The evidence requested is available through other sources.
- Authorizes a request for a forensic DNA test after a defendant has pled guilty in the following circumstances (Sec. 2):
- If DNA was collected as evidence in the investigation or prosecution of a defendant; and
- A forensic DNA test has a “substantial probability” of establishing a defendant’s innocence.
- Requires a judge to deny a “designated offender’s” request for forensic DNA testing after a guilty plea or conviction in the following circumstances (Sec. 2):
- If the defendant had the opportunity to request a test prior to the request; or
- The request was made more than 5 years after the date of conviction or release from custody except in cases where:
- Extraordinary circumstances prohibited the defendant from filing the request in time; or
- The request is based on facts that were not determined until after the statute of limitations.
Sponsors
- Stephen M. Saland (NY - R) (Out Of Office)
